Wash. Court of Appeals published opinion — 723421.pdf

Citation: Wash. Court of Appeals published opinion — 723421.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/723421.pdf ↗

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3The majority of the members of Shenk's executive team were over 40 years of age and
several were over 50.
             
No. 72342-1-1/6

applicant for employment who resided in the Hollywood, California area.4 Shenk
again denied that Lodis ever expressed any concerns regarding this issue to him.

Lodis testified that, in early December 2007, he reported his concerns

about Shenk's comments to Jim Mitchell, Corbis's then-general counsel. Mitchell

denied that this conversation ever occurred. In any event, Lodis admitted that he

had no knowledge as to whether Mitchell informed Shenk of his conversation

with Lodis.

At trial, Lodis introduced no written documents or corroborating testimony

evidencing that any of the claimed admonishments took place.5
4. The Trial CourtEnters Orders In Limine Restricting the Evidentiary
Scope of the Trial to Lodis's Retaliation Claim.
Prior to commencement of the third trial, Corbis filed motions in limine

seeking to limit the scope ofthe trial to the one remaining claim at issue.
Specifically, Corbis moved to preclude Lodis from attempting to use irrelevant
and prejudicial evidence of alleged age discrimination, which had already been
rejected by the jury in the first trial. Corbis also moved to preclude Lodis from
attempting to relitigate the issue of whether he had breached a fiduciary duty
owed to Corbis by failing to record vacation time—an issue central to Corbis's
after-acquired evidence defense. Judge Heller granted each motion and entered
orders limiting the admission of this evidence.